A divorce creates two separate households and changes how children spend time with their parents.  It is already difficult for children to adjust to seeing their parents separately in two different households, but this transition will be even harder when the parents disagree on parenting time.  It is common for these disagreements to become quite contentious which is especially harmful for the children.  While the marriage may be over, the ex-spouses are still parents, and they need to put the best interests of their children first and work together to raise them the best they can.

Allen Gabe at Barber Law Offices can help divorced parents form agreements and settle disputes when it comes to parenting time and visitation in Schaumburg, IL and the surrounding areas.  Our attorneys have years of experience with all matters of family law.  We will work with you to protect your rights and secure a favorable solution that is in the best interests of your children.

Parenting Time in Illinois

In years past, “visitation” was the term used to describe the time children spent with their divorced parents.  Under Illinois law, this is now referred to as “parenting time.”  The terminology was switched because “visitation” implied that there was a primary parent and that the children were just temporary visitors to the other parent.

According to the law, each parent should be allocated parenting time so that they can continue to be an active presence in the lives of their children.  Parenting time is allocated by the courts to protect the best interests of the children.  The court determines the best interests of the children by considering the following factors:

• The wishes of the parents
• The wishes of the child, while considering the maturity and ability of the child to express their wishes regarding parenting time
• The amount of time each parent spent providing care for the child in the previous 24 months before the petition for parenting time was filed. If the child is under two years old, the courts will look back to the child’s birth.
• Any prior or existing agreement regarding caretaking responsibilities or parenting time between the parents
• The relationship of the child with their parents and siblings, and with any other individuals that impact the best interests of the child
• The adjustment of the child to their home, school, and community
• The mental and physical health of the children and parents
• The child’s specific care needs
• The distance between the homes of the parents, the daily schedules of the parents and children involved, and the difficulty of transporting the children between homes to determine how well the parents can cooperate on parenting time
• If it is necessary to restrict parenting time
• Physical violence or the threat of physical violence from one parent against the child or someone else from the child’s household
• The willingness and ability of each parent to put their children’s needs first
• The willingness and ability of each parent to encourage their children to have a good relationship with the other parent
• Whether abuse has occurred against the child or someone else in the child’s household
• Whether one of the parents is a convicted sex offender, or lives with a sex offender, as well as the nature of the offense and whether the offender has successfully participated in any treatment
• If a parent is a member of the military and is being deployed, any family care plan that includes what the parent needs to do before deployment is considered
• Any other factors that the court finds to be relevant to parenting time decisions.

When it comes to allocating parenting time, the courts generally assume that both parents are fit parents.  However, they will restrict parenting time if there is a preponderance of evidence that the child’s physical, mental, moral, or emotional health is threatened during the parenting time of one of the parents.  The courts will consider any history of abuse from the parents, if one parent is a convicted sex offender, and any other reason that may warrant restriction of parenting time.

Parenting Time Attorneys in Schaumburg, IL

The allocation of parenting time is an issue that should not be taken lightly as the agreement will affect your relationship with your children.  In many cases, parents may be able to come to an agreement about parenting time through mediation or collaborative law.  However, when disagreements occur, the matter will need to be resolved in court.  It is important to work with an attorney that can advocate on your behalf for parenting time.

Barber Law Office’s Allen Gabe can represent you and help resolve disputes regarding parenting time either through mediation or in the courts.  We will make sure the rights of you and your children are protected and secure a resolution that is in the best interests of your children.  Our attorneys will prepare and present your case for parenting time as well as restrictions if there is a reason to request them.

You can contact our attorneys at Barber Law Offices to help you with parenting time disputes in Schaumburg, IL and the surrounding areas by calling 847-303-9780.

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